Judge to sheriff: pay $2.26M for wrongful death

Published: Wednesday, July 2, 2014 at 5:49 p.m.

Last Modified: Thursday, July 3, 2014 at 11:30 a.m.

A federal judge has upheld the jury's verdict in the wrongful death case of Joshua Salvato, ruling that the Marion County Sheriff's Office is obligated to pay the $2.26 million awarded by the panel — despite a Sheriff's Office plea to delay the ruling until an appellate court decides on a matter regarding one of the defendants.

"We are pleased that Judge (William Terrell) Hodges has entered judgment that is in full agreement with the jury's award and verdict in this tragic case," plaintiff attorney Theodore Leopold said in a statement on Wednesday. "We hope that this will send a message that no one — not even law enforcement officials — are above the law."

Salvato, 21, died on July 6, 2012, during a physical altercation with deputies Lauren Miley and Norman Brown on a darkened stretch of Sunset Harbor Road in Summerfield.

Miley fired the shot that killed Salvato, and Brown repeatedly used a stun gun on the young man.

During a nine-day trial in May, attorneys for defendants Miley, Brown and the Sheriff's Office argued that Salvato's unruly conduct contributed to his death.

In the end, the Sheriff's Office must pay over $2 million, while Brown is on the hook for thousands of dollars. Miley does not owe anything.

"The verdict will be appealed on various grounds and we feel confident that we will prevail on appeal," sheriff's Capt. Jimmy Pogue, a spokesman for the agency, wrote in an email on Wednesday.

In his June 30 order, Hodges upheld the jury's decision that Brown used excessive and objectively unreasonable force against Salvato, causing Salvato pain and suffering. Therefore, Brown is personally responsible to pay $18,250 to Salvato's estate as damages.

The jury's decision that Brown had acted in bad faith or with malicious purposes precluded him from receiving personal immunity under Florida law from paying the sum.

As for Miley: Since the jury found her use of lethal force was excessive and unreasonable — but not carried out in bad faith or with malice — she is not personally responsible for any monetary damages.

While the Sheriff's Office is not responsible for the money owed by Brown, it is responsible for the other sums the jury devised: $1,375,000 for Salvato's primary caretaker, father Vincent Salvato; $880,000 for Salvato's mother, Ana Rodriguez; and $8,014 for payment of funeral expenses.

The Sheriff's Office's responsibility to pay those sums are linked to Miley's conduct. Since the jury didn't find her actions to be in bad faith or malicious, her employer was ultimately responsible, in part because the agency failed to investigate and take appropriate remedial action. The jury decided that the Sheriff's Office ratified and approved the force used by failing to investigate the circumstances causing the death.

During trial, the defense argued that the Sheriff's Office handed the case over to the Florida Department of Law Enforcement to investigate. That agency issued a report, and later a grand jury failed to return an indictment in the case.

After the verdict, the Sheriff's Office argued that the judge should hold off on delivering the final judgment until an appellate court decides whether Miley is entitled to qualified immunity. That question arose before trial and remains pending with the higher court.

But on that matter, "the Sheriff is simply wrong," Hodges wrote in his order. He said the appellate court decision would not affect the jury verdict.

According to Pogue, if the Sheriff's Office does have to pay out, the money would come from the Florida Sheriff's Management Fund.

Under Florida law, the sheriff's monetary liability would normally be capped at $300,000. But such a cap does not apply to the federal component of the lawsuit.

"However, since Sheriff Blair assumed office, all policies have been reviewed and many have been revised," Pogue wrote in his email. "Additionally, Sheriff Blair has instituted even more rigorous training to ensure our officers respond appropriately in high stress situations."

<p>A federal judge has upheld the jury's verdict in the wrongful death case of Joshua Salvato, ruling that the Marion County Sheriff's Office is obligated to pay the $2.26 million awarded by the panel — despite a Sheriff's Office plea to delay the ruling until an appellate court decides on a matter regarding one of the defendants.</p><p>"We are pleased that Judge (William Terrell) Hodges has entered judgment that is in full agreement with the jury's award and verdict in this tragic case," plaintiff attorney Theodore Leopold said in a statement on Wednesday. "We hope that this will send a message that no one — not even law enforcement officials — are above the law."</p><p>Salvato, 21, died on July 6, 2012, during a physical altercation with deputies Lauren Miley and Norman Brown on a darkened stretch of Sunset Harbor Road in Summerfield.</p><p>Miley fired the shot that killed Salvato, and Brown repeatedly used a stun gun on the young man.</p><p>During a nine-day trial in May, attorneys for defendants Miley, Brown and the Sheriff's Office argued that Salvato's unruly conduct contributed to his death.</p><p>In the end, the Sheriff's Office must pay over $2 million, while Brown is on the hook for thousands of dollars. Miley does not owe anything.</p><p>"The verdict will be appealed on various grounds and we feel confident that we will prevail on appeal," sheriff's Capt. Jimmy Pogue, a spokesman for the agency, wrote in an email on Wednesday.</p><p>In his June 30 order, Hodges upheld the jury's decision that Brown used excessive and objectively unreasonable force against Salvato, causing Salvato pain and suffering. Therefore, Brown is personally responsible to pay $18,250 to Salvato's estate as damages.</p><p>The jury's decision that Brown had acted in bad faith or with malicious purposes precluded him from receiving personal immunity under Florida law from paying the sum.</p><p>As for Miley: Since the jury found her use of lethal force was excessive and unreasonable — but not carried out in bad faith or with malice — she is not personally responsible for any monetary damages.</p><p>While the Sheriff's Office is not responsible for the money owed by Brown, it is responsible for the other sums the jury devised: $1,375,000 for Salvato's primary caretaker, father Vincent Salvato; $880,000 for Salvato's mother, Ana Rodriguez; and $8,014 for payment of funeral expenses.</p><p>The Sheriff's Office's responsibility to pay those sums are linked to Miley's conduct. Since the jury didn't find her actions to be in bad faith or malicious, her employer was ultimately responsible, in part because the agency failed to investigate and take appropriate remedial action. The jury decided that the Sheriff's Office ratified and approved the force used by failing to investigate the circumstances causing the death.</p><p>During trial, the defense argued that the Sheriff's Office handed the case over to the Florida Department of Law Enforcement to investigate. That agency issued a report, and later a grand jury failed to return an indictment in the case.</p><p>After the verdict, the Sheriff's Office argued that the judge should hold off on delivering the final judgment until an appellate court decides whether Miley is entitled to qualified immunity. That question arose before trial and remains pending with the higher court.</p><p>But on that matter, "the Sheriff is simply wrong," Hodges wrote in his order. He said the appellate court decision would not affect the jury verdict.</p><p>According to Pogue, if the Sheriff's Office does have to pay out, the money would come from the Florida Sheriff's Management Fund.</p><p>Under Florida law, the sheriff's monetary liability would normally be capped at $300,000. But such a cap does not apply to the federal component of the lawsuit.</p><p>The grand jury that investigated the case issued some recommendations. In response, then-Sheriff Ed Dean increased training hours.</p><p>"However, since Sheriff Blair assumed office, all policies have been reviewed and many have been revised," Pogue wrote in his email. "Additionally, Sheriff Blair has instituted even more rigorous training to ensure our officers respond appropriately in high stress situations."</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com</i></p>